Rule 3108. Service of Writ, Notice of Execution.

 (a)  Service of the writ shall be made by the sheriff in the case of

   (1)  tangible personal property, by levy thereon or, if the property is in possession of a third person who prevents a levy or fails to make the property of the defendant available to the sheriff for levy, by serving the third person as garnishee;

   Official Note

   The following Acts of Assembly remain unsuspended:
 The Uniform Commercial Code, 13 Pa.C.S. §  7602, requiring seizure, surrender or injunction against negotiation of negotiable documents of title covering goods in the possession of a bailee.
 The Uniform Commercial Code, 13 Pa.C.S. §  8112, providing for the legal process by a creditor to reach a certificated security, an uncertificated security and a security entitlement.  The Pawn Brokerage Act of April 6, 1937, P. L. 200, §  21 63 P. S. §  281—21, providing that pawnbrokers shall not be required by legal process to deliver a pledge without surrender of the pawn ticket unless the pawn ticket has been impounded or its negotiation enjoined.
 For special provisions relating to access to safe deposit boxes see Rule 3110.

   (2)  a lien upon real property created under a mortgage, judgment or otherwise, by serving as garnishee the mortgagor, judgment or lien debtor, and the real owner of the real property upon which the mortgage, judgment or other lien is secured, as provided in Rule 3113;

   Official Note

   Only personal service upon the mortgagor or judgment debtor in the same manner as a writ of summons in a civil action will attach the personal liability of the mortgagor on the bond or the personal liability of the judgment debtor on the judgment.

   (3)  the interest of the defendant in a partnership, by serving the partnership as garnishee;

   (4)  other intangible personal property and rents, by serving a garnishee;

   Official Note

   Rents may also be ordered sequestered under Rule 3114 relating to execution against real property or a mortgage or lien thereon.

   (5)  real property of the defendant, title to which is recorded in the name of a third party, by levy and attachment as provided by Rule 3112;

   (6)  all other real property in the county, by noting upon the writ a brief description of the real property levied upon and a statement that the sheriff has levied upon the defendant’s interest therein.

 (b)  Upon levy or attachment, the sheriff shall mail a copy of the writ to the execution defendant at the last known address. The plaintiff shall provide the sheriff with copies of the writ and envelopes for mailing properly stamped and addressed. The sheriff shall note in the return the mailing of the writ and the date thereof.

Source

   The provisions of this Rule 3108 amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (213401) to (213402).



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.